Legal
The terms that govern your use of haymakersre.com and haymakersins.com. Information is deemed reliable but not guaranteed, and disputes are resolved by mediation and then individual binding arbitration in Santa Barbara, California.
This summary is for convenience only; the full terms below control.
Effective: July 26, 2026
These Terms of Use (the “Terms”) govern your access to and use of haymakersre.com, haymakersins.com, and any related pages, subdomains, content, forms, and services operated by Haymakers, Inc., including its division doing business as Haymakers Insurance Agency, and its affiliates, officers, directors, employees, agents, licensees, and independent contractors (collectively, “Haymakers,” “we,” “us,” or “our”) (the “Site”).
By checking the acceptance box and submitting any form on the Site, you expressly agree to these Terms and to the Privacy Policy. Each form on the Site displays a conspicuous notice of these Terms adjacent to its submit control, and submission constitutes your affirmative, unambiguous manifestation of assent. If you do not agree to every provision of these Terms, do not submit any form and do not use the Site.
You represent that you are at least 18 years old and have the legal capacity and authority to enter into these Terms, individually and on behalf of any entity for which you act.
We may modify these Terms at any time in our sole discretion. The version posted at the time of your use governs that use, and material changes take effect upon posting. Your continued use of the Site, or any subsequent submission, constitutes acceptance of the then-current Terms.
All information on the Site is provided for general informational purposes only and is deemed reliable but is not guaranteed, is not warranted to be accurate, current, or complete, and is subject to change, errors, omissions, prior sale, prior lease, prior placement, or withdrawal without notice.
Without limiting the foregoing, this expressly includes any and all:
Information on the Site is frequently obtained from third parties including sellers, landlords, buyers, tenants, business owners, multiple listing services, public records, county assessors, appraisers, inspectors, surveyors, engineers, contractors, lenders, insurance carriers, wholesalers, title and escrow companies, and data vendors. Haymakers has not independently verified, and does not independently verify, any such information, and makes no representation or warranty of any kind as to it.
You must independently verify all information to your own satisfaction, at your own expense, before relying on it for any purpose. You are solely responsible for your own due diligence and for retaining your own attorney, accountant, tax advisor, appraiser, inspector, engineer, surveyor, contractor, lender, and insurance advisor. Any reliance you place on Site content is strictly at your own risk.
Nothing on the Site constitutes, or may be relied upon as, legal, tax, accounting, financial, investment, appraisal, engineering, construction, environmental, or insurance advice, nor any recommendation to buy, sell, lease, finance, insure, or invest in anything.
No agency, brokerage, fiduciary, advisory, client, producer, employment, partnership, joint venture, or other relationship of any kind is created by your use of the Site, by your submission of any form or inquiry, by your receipt of any response, or by any communication exchanged through the Site. A representation or client relationship with Haymakers arises only upon a separate written agreement signed by an authorized representative of Haymakers, and is governed exclusively by that agreement.
Submission of information through the Site does not obligate us to respond, to act, to provide services, to present any offer, to procure any coverage, to place any policy, or to continue any discussion.
Relationship to signed engagements. These Terms govern your use of the Site only. They do not purport to define, limit, or waive any duty Haymakers owes to an actual client under a signed engagement agreement or under the licensing laws and regulations applicable to real estate brokers, business brokers, or insurance producers. Where a signed engagement agreement exists, that agreement controls as to that engagement.
Insurance. Haymakers, Inc. does business in California as Haymakers Insurance Agency, California insurance license #6015336 (Property, Casualty, Life, and Accident & Health), and is also licensed in Florida (#G083894). Nothing on the Site is an offer of insurance, an application, a binder, a quote, or a guarantee of coverage, premium, eligibility, or claim outcome. No coverage is bound, extended, altered, or continued by anything on the Site or by any communication submitted through it. Coverage is effective only when confirmed bound in writing by the issuing carrier and is governed exclusively by the terms, conditions, limits, and exclusions of the policy actually issued. Do not cancel existing coverage until replacement coverage is confirmed bound in writing.
Financing. Haymakers is not a licensed mortgage lender or mortgage broker and does not originate residential mortgage loans. Any financing referenced anywhere on the Site is commercial real estate financing arranged through third-party lenders. Haymakers does not guarantee financing, approval, rates, terms, or funding, and is not responsible for the acts, omissions, underwriting decisions, or timing of any lender.
Real estate and business brokerage. Haymakers is a licensed real estate brokerage and business advisory firm (CA #02187637; FL #CQ1065221; GA #80482; NY #10991237144). Licensing information is provided for disclosure purposes and does not expand any duty owed to you.
Equal Housing Opportunity. Haymakers supports and complies with the Fair Housing Act and all applicable federal, state, and local fair housing and equal opportunity laws.
THE SITE AND ALL CONTENT, MATERIALS, DATA, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
To the maximum extent permitted by applicable law, Haymakers expressly disclaims any and all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising out of course of dealing, usage, or trade practice.
Haymakers does not warrant that the Site will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components; that any defect will be corrected; that any content is accurate, complete, current, or reliable; or that the Site will meet your requirements or produce any particular result.
No advice or information, whether oral or written, obtained from Haymakers or through the Site, creates any warranty not expressly stated in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAYMAKERS SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM, LOSS, INJURY, HARM, COST, EXPENSE, OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, ITS CONTENT, YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION OBTAINED THROUGH IT.
This exclusion applies to all theories of liability, whether in contract, warranty, tort (including negligence), strict liability, statute, equity, or otherwise, and applies to direct, indirect, incidental, special, consequential, exemplary, and punitive damages, and to lost profits, lost revenue, lost business opportunity, lost deals, lost rents, diminution in value, cost of substitute services, business interruption, loss of data, and loss of goodwill — even if Haymakers has been advised of the possibility of such damages and even if any limited remedy is found to have failed of its essential purpose.
Without limiting the foregoing, Haymakers shall have no liability arising from or relating to: any inaccuracy, error, or omission in any content; your reliance on any content; any decision you make or refrain from making; any transaction you enter into or fail to enter into; any act or omission of any third party, including any seller, buyer, landlord, tenant, lender, carrier, wholesaler, contractor, inspector, appraiser, title or escrow company, or data provider; any unavailability, interruption, delay, or failure of the Site; any unauthorized access to or alteration of your transmissions or data; or any damage to any device or system.
Fallback cap. If a court or arbitrator determines that Haymakers bears any liability that cannot lawfully be excluded, then, except as stated in the following paragraph, the aggregate liability of Haymakers for any and all claims arising out of or relating to the Site shall not exceed one hundred United States dollars (US $100.00) in the aggregate.
Statutory carve-out (Civil Code section 1668). Nothing in these Terms — including the exclusion and the fallback cap above — purports to limit, cap, or exempt Haymakers from liability for fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent, where such limitation is prohibited by California Civil Code section 1668 or other applicable law. You and Haymakers acknowledge that under California law a limitation on damages for willful injury is invalid, and this section is to be read and applied accordingly. Nothing in these Terms waives any right or remedy that cannot lawfully be waived, including any non-waivable right under the Consumers Legal Remedies Act (Civil Code section 1750 et seq.), the Unfair Competition Law (Business and Professions Code section 17200 et seq.), or any applicable licensing statute or regulation.
Severability of this section. If any portion of this section is held unenforceable, that portion shall be limited or severed to the minimum extent necessary and every remaining portion shall remain in full force and effect. You acknowledge that these allocations of risk are an essential basis of the bargain and that Haymakers would not make the Site available on any other terms.
You agree to defend, indemnify, and hold harmless Haymakers from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, awards, settlements, losses, costs, and expenses of any kind, including reasonable attorneys' fees, expert fees, and costs of investigation and defense, arising out of or relating in any way to:
This indemnity does not extend to any claim to the extent it arises from Haymakers' own fraud, willful misconduct, or violation of law. Haymakers may, at your expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate fully. You shall not settle any matter affecting Haymakers without Haymakers' prior written consent.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY MEDIATION AND THEN INDIVIDUAL BINDING ARBITRATION, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
1. Governing statute. This section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., which shall control its interpretation and enforcement.
2. Scope. Any dispute, claim, or controversy of any kind arising out of or relating to the Site, these Terms, or any relationship or communication between you and Haymakers (each, a “Dispute”), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively as set forth in this section.
3. Notice and informal resolution. Before initiating any proceeding, you must send written notice of the Dispute to Haymakers at the address below, describing the claim and the relief sought, and must allow Haymakers sixty (60) days to resolve it informally.
4. Mandatory mediation first. If the Dispute is not resolved informally, it must be submitted to non-binding mediation before a single mediator in Santa Barbara, California, as a mandatory condition precedent to arbitration. No arbitration or other proceeding may be commenced until mediation has concluded or Haymakers has declined in writing to participate. Mediation shall be administered by JAMS or another provider mutually agreed in writing.
5. Binding arbitration. If mediation does not resolve the Dispute, it shall be resolved by final and binding arbitration before a single arbitrator in Santa Barbara, California, administered by JAMS under its applicable rules then in effect. The arbitrator shall have exclusive authority to resolve all issues, including arbitrability, and shall be bound by and shall enforce these Terms, including every disclaimer and limitation of liability. Judgment on the award may be entered in any court of competent jurisdiction.
6. Costs — commercial parties. Where you are not a “consumer” within the meaning of California Code of Civil Procedure section 1280 — including where you are a business entity, investor, principal, or other commercial party, or are acting for business or investment purposes — you shall bear the entire cost of mediation and arbitration, including all filing, administrative, mediator, and arbitrator fees, and your own attorneys' and experts' fees, regardless of which party initiates the proceeding, and shall reimburse Haymakers for any such fees it advances.
7. Costs — consumers. Where you are a consumer, fees and costs shall be allocated as required by the JAMS Consumer Arbitration Minimum Standards and by applicable California law, including California Code of Civil Procedure sections 1281.97 and 1281.98. Nothing in paragraph 6 applies to a consumer, and no consumer shall be required to bear any cost that would render this section unenforceable. Each party otherwise bears its own attorneys' and experts' fees except as provided under “Governing Law, Venue, and Fees” below or as awarded by the arbitrator under applicable law.
8. Individual basis only. All proceedings shall be conducted solely on an individual basis. You waive any right to bring or participate in any class, collective, consolidated, coordinated, or representative action. The arbitrator may not consolidate claims or preside over any representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to that party's individual claim.
9. Time limit. Any Dispute must be commenced within one (1) year after the claim first accrues; otherwise it is permanently barred, except where a longer period is required by a non-waivable statute.
10. Exceptions. Haymakers may seek injunctive or other equitable relief, and relief for infringement or misappropriation of its intellectual property, in any court of competent jurisdiction without first mediating and without posting bond. Either party may bring an individual claim in small claims court.
11. Savings clause. If any portion of this section is held unenforceable or unconscionable as applied, that portion shall be modified or severed to the minimum extent necessary and the remainder — including the requirements of mediation, individual binding arbitration, and Santa Barbara venue — shall remain in full force and effect. If the class-action waiver in paragraph 8 is held unenforceable as to any particular claim, that claim alone shall be severed and heard in court while all remaining claims proceed in arbitration.
These Terms and any Dispute are governed by the laws of the State of California, without regard to its conflict-of-laws principles, and without application of the United Nations Convention on Contracts for the International Sale of Goods. The arbitration provision above is governed by the Federal Arbitration Act.
The exclusive venue and forum for all mediation, arbitration, and any judicial proceeding permitted under these Terms shall be Santa Barbara County, California, and you irrevocably consent to the personal jurisdiction of the state and federal courts located in Santa Barbara County, California, and waive any objection based on venue, forum non conveniens, or inconvenient forum. Except where applicable law provides otherwise, you bear your own costs of appearing in that forum, and any travel or other expense associated with that venue is at your sole expense.
Attorneys' fees. In any Dispute or action to enforce or interpret these Terms, the prevailing party shall recover its reasonable attorneys' fees, expert fees, and costs, including those incurred on appeal and in enforcing any award or judgment. You acknowledge that California Civil Code section 1717 renders a one-way fee provision reciprocal in an action on a contract, and this provision is drafted to be enforced to the maximum extent permitted by law.
Jury trial. To the fullest extent permitted by applicable law, each party waives any right to trial by jury. You acknowledge that under California law a pre-dispute jury waiver may be unenforceable, and that the mediation and arbitration provisions above are the primary and intended mechanism by which Disputes are resolved outside of court.
All content on the Site — including text, copy, photographs, video, renderings, graphics, logos, marks, page design, layout, compilation, and code — is owned by or licensed to Haymakers and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.
“Haymakers,” “Haymakers Insurance Agency,” and associated logos and marks are proprietary to Haymakers, Inc. Nothing on the Site grants any license or right to use any mark without Haymakers' prior written permission.
You may view and print Site content solely for your own personal, non-commercial reference. You may not reproduce, distribute, publicly display, publicly perform, republish, sell, license, sublicense, frame, mirror, scrape, data-mine, harvest, index for a competing service, or create derivative works from any Site content, in whole or in part, without Haymakers' prior written consent.
You may not use any robot, spider, crawler, scraper, or other automated means to access the Site for any purpose without our express written permission.
You represent and warrant that any information you submit through the Site is truthful, accurate, complete, and lawfully provided by you, and that you have all rights necessary to provide it.
You agree not to use the Site to: violate any law or regulation; submit false, misleading, or fraudulent information; impersonate any person or entity; transmit any virus, malware, or harmful code; interfere with or disrupt the Site or its infrastructure; attempt to gain unauthorized access to any system; or engage in any activity that in Haymakers' judgment is harmful to Haymakers, to other users, or to any third party.
Any information, idea, or material you submit through the Site is submitted on a non-confidential and non-proprietary basis, except where a separate signed agreement or applicable law provides otherwise, and you grant Haymakers a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, and act upon it for any lawful business purpose without compensation or attribution.
Electronic communications. By providing your contact information and submitting a form, you consent to receive communications from Haymakers electronically, by telephone, by text message, and by email at the number and address you provide, including by automated means, and you agree that agreements, notices, and disclosures provided electronically satisfy any requirement that they be in writing. Consent to marketing communications is not a condition of any purchase or service. Message and data rates may apply, and you may opt out at any time by replying STOP or contacting us at the address below.
Haymakers may suspend or terminate your access to the Site at any time, for any reason or no reason, without notice and without liability.
The Site may contain links to, or content from, third-party websites, services, platforms, listing feeds, and data providers. Haymakers does not control, endorse, verify, or assume any responsibility for any third-party site, content, product, or service, including its accuracy, legality, availability, privacy practices, or security.
Your access to and use of any third-party site or service is entirely at your own risk and is governed by that third party's own terms and policies. Haymakers shall have no liability of any kind arising out of or relating to any third-party site, content, product, service, act, or omission.
Severability. If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and all remaining provisions shall continue in full force and effect. The parties intend that each disclaimer, limitation, waiver, and dispute-resolution provision be enforced to the maximum extent permitted by law.
No waiver. No failure or delay by Haymakers in exercising any right constitutes a waiver, and no waiver is effective unless in a writing signed by an authorized representative of Haymakers.
Assignment. You may not assign or transfer these Terms or any rights under them without Haymakers' prior written consent. Haymakers may assign these Terms freely, in whole or in part, without notice.
No third-party beneficiaries. These Terms confer no rights on any person other than you and Haymakers, except that every disclaimer, limitation of liability, and indemnity runs to the benefit of Haymakers' affiliates, officers, directors, employees, agents, licensees, and independent contractors, each of whom may enforce them directly.
Survival. All provisions that by their nature should survive — including the disclaimers, limitation of liability, indemnification, dispute resolution, governing law and venue, fees, and these general provisions — survive any termination of these Terms or of your use of the Site.
Force majeure. Haymakers is not liable for any failure or delay resulting from any cause beyond its reasonable control, including acts of God, wildfire, flood, earthquake, debris flow, storm, epidemic, utility or network failure, labor dispute, governmental action, or act of war or terrorism.
Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Haymakers regarding the Site and supersede all prior or contemporaneous understandings. Any separate signed written agreement governing a specific engagement controls over these Terms as to that engagement only.
Headings and construction. Headings are for convenience only. These Terms shall not be construed against Haymakers as drafter.
Questions or notices regarding these Terms, including any notice of Dispute, must be sent in writing to:
Haymakers, Inc.
10 E Yanonali St #134
Santa Barbara, CA 93101
team@haymakersre.com
(305) 990-2753
Effective July 26, 2026. Haymakers, Inc. — licensed real estate brokerage and business advisory firm; doing business in California as Haymakers Insurance Agency, CA insurance license #6015336.
